In re F. & W. Grand 5-10-25 Cent Stores, Inc.

Second Circuit

In re F. & W. Grand 5-10-25 Cent Stores, Inc.

74 F.2d 738, 1935 U.S. App. LEXIS 3526

CourtCourt of Appeals for the Second Circuit

DecidedJanuary 7, 1935

DocketNo. 181

StatusPublished

This text of 74 F.2d 738 (In re F. & W. Grand 5-10-25 Cent Stores, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re F. & W. Grand 5-10-25 Cent Stores, Inc., 74 F.2d 738, 1935 U.S. App. LEXIS 3526 (2d Cir. 1935).

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PER CURIAM.

The appellant Jackson filed a claim for rent under the terms of a lease, dated June 5, 1925, for premises at New Haven, Conn. The term of the lease was ten years and three months from October 1, 1927. In March, 1932, receivers in equity were appointed for the bankrupt. On March 29,1932, the receivers disaffirmed the lease. On March 30,1932, the appellant gave notice of an intention “to take steps to rent these premises to the best advantage I can and will apply the proceeds to the rent due from F. & W. Grand 5 — 10—25 Cent Stores, Inc., under my lease with that company dated June 5, 1925, and shall, of course, look to the lessees under said lease for the difference between the amount reserved in the lease and the amount actually received by me.” Bankruptcy followed in July, 1932. The court disallowed the appellant’s claim.

The order is affirmed on the authority of In re F. & W. Grand 5-10-25 Cent Stores, Inc. (Claim of Possart) (C. C. A.) 69 F.(2d) 807, and Manhattan Properties, Inc. v. Irving Trust Co., 291 U. S. 320, 54 S. Ct. 385, 78 L. Ed. 824.

Order affirmed.

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PER CURIAM.

The appellant Jackson filed a claim for rent under the terms of a lease, dated June 5, 1925, for premises at New Haven, Conn. The term of the lease was ten years and three months from October 1, 1927. In March, 1932, receivers in equity were appointed for the bankrupt. On March 29,1932, the receivers disaffirmed the lease. On March 30,1932, the appellant gave notice of an intention “to take steps to rent these premises to the best advantage I can and will apply the proceeds to the rent due from F. & W. Grand 5 — 10—25 Cent Stores, Inc., under my lease with that company dated June 5, 1925, and shall, of course, look to the lessees under said lease for the difference between the amount reserved in the lease and the amount actually received by me.” Bankruptcy followed in July, 1932. The court disallowed the appellant’s claim.

The order is affirmed on the authority of In re F. & W. Grand 5-10-25 Cent Stores, Inc. (Claim of Possart) (C. C. A.) 69 F.(2d) 807, and Manhattan Properties, Inc. v. Irving Trust Co., 291 U. S. 320, 54 S. Ct. 385, 78 L. Ed. 824.

Order affirmed.

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74 F.2d 738, 1935 U.S. App. LEXIS 3526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-f-w-grand-5-10-25-cent-stores-inc-ca2-1935.

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